The Impact of Article 6(1) of the Echr on Private International Law

In: The international & comparative law quarterly: ICLQ, Band 56, Heft 1, S. 1-48

Abstract

AbstractAn increasing trend in private international law cases decided by courts in the United Kingdom has been to refer to the European Convention on Human Rights and, in particular, to Article 6. This article will examine the impact of this provision on private international law. The article will go on to examine why the impact has been so limited and will put forward a new approach that takes human rights more seriously, using human rights law to identify problems and the flexibility inherent in private international law concepts to solve them.